high school athletes can earn off their name and likeness

The text as introduced · 578 words

89R1610 CXP-F

By: Bumgarner
H.B. No. 2211

A BILL TO BE ENTITLED

AN ACT

relating to the compensation and professional representation of

certain students participating in University Interscholastic

League activities or in intercollegiate athletic programs at

certain institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 33, Education Code, is

amended by adding Section 33.098 to read as follows:

Sec. 33.098. COMPENSATION AND PROFESSIONAL REPRESENTATION

OF STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE

ACTIVITIES. (a) In this section, "league" means the University

Interscholastic League.

(b) This section applies only to a public or private primary

or secondary school that participates in league activities.

(c) The league or a school to which this section applies may

not adopt or enforce a policy, requirement, standard, or limitation

that prohibits or otherwise prevents an eligible student

participating in a league activity from:

(1) earning compensation for the use of the student's

name, image, or likeness when the student is not engaged in official

league activities, as that term is defined by the league; or

(2) obtaining professional representation, including

representation by an attorney licensed to practice law in this

state, for contracts or other legal matters relating to the use of

the student's name, image, or likeness.

(d) A student is eligible to engage in activities described

by Subsection (c) only if the student:

(1) is 18 years of age or older;

(2) meets the grade requirements under Section

33.081(c); and

(3) complies with the rules adopted by the league

under this section.

(e) The league shall adopt rules as necessary to administer

this section. The rules must include:

(1) provisions to ensure that compensation, or the

promise of compensation, may not be used to facilitate the

enrollment in or transfer of a student to a school participating in

a league activity;

(2) provisions prohibiting compensation in exchange

for an endorsement of alcohol, tobacco products, e-cigarettes or

any other type of nicotine delivery device, anabolic steroids,

sports betting, casino gambling, a firearm the student cannot

legally purchase, or a sexually oriented business as defined in

Section 243.002, Local Government Code;

(3) provisions authorizing a school district, school,

or team to prohibit compensation that conflicts with the policy or

honor code of the school district, school, or team; and

(4) minimum requirements for a student engaging in

activities described by Subsection (c) to receive financial

literacy and life skills education.

SECTION 2. Section 51.9246(j), Education Code, is amended

to read as follows:

(j) No individual, corporate entity, or other organization

may:

(1) enter into any arrangement with a prospective

student athlete or student athlete relating to the [ prospective ]

student athlete's name, image, or likeness unless the student

athlete is 18 years of age or older [ prior to their enrollment in an

institution of higher education ]; or

(2) use inducements of future name, image, and

likeness compensation arrangement to recruit a prospective student

athlete to any institution of higher education.

SECTION 3. The changes in law made by this Act apply only to

a contract entered into, modified, or renewed on or after the

effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.